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----- Original Message ----- >Hi all, >My wife is a watercolor painter. >Somebody wanted to use one of her nude
waterpaintings on a catalog for her beauty and fitness >saloon. Of
course she will be using the photograph of the painting, not the painting
itself. >Question: Who has the rights to
the photograph of the painting? The painter or the photographer?
>>(This question is only technical for this case, but what happens if I
go and photograph a painting >from any exhibiton?) >Regards, >Veli Izzet The one who takes the photograph owns the
rights. If the fitness center takes it, it is theirs. If you or your wife takes
the picture, it belongs to you. Then you can sell it for a one time publishing
right. Unless you live outside the Shyrell Melara
I suggest discussing this one with a real lawyer. The
photographer can make an image of a nude model that itself is the original
work, and in that case the copyright would clearly be owned by the
photographer. But the scenario that is proposed is one in which a
photograph would be made of a painting, and in that case the photograph would be
a copy of an original work for which the copyright is owned by the painter. I
don’t believe that the photograph automatically acquires copyright to an
image that itself is a copy unless there is an agreement with the author of the
original work that defines derivative rights. |
